The complaint focuses on the Hell's Angel's design mark, which depicts a "helmeted, horned and feathered skull," and the word mark HELLS ANGELS. The dispute with Disney and movie production company, Tollin, arose when the companies announced their intention to develop and produce a film entitled "Wild Hogs." The complaint states that the movie has been described as, "'A group of middle-aged wannabe bikers look for adventure out on the open road, where they soon encounter a chapter of Hell's Angels.'" (Doubt this one is Oscar-bound.)
According to the complaint, announcements regarding the movie continuously use the Hell's Angels marks but neither Disney nor Tollin sought permission to use the marks. The complaint alleges violations of the Lanham Act for trademark dilution and trademark infringement, a violation of California law for trademark dilution, and a violation of California's Unfair Competition Law.
The Unfair Competition count is well, let's call it perfunctory. The count cites a license agreement between Hell's Angels and Twentieth Century Fox Film Corporation that grants the film company an exclusive license to use the Hell's Angels marks, and cursorily alleges that Disney and Tolllins' alleged infringement constitutes unfair competition. Apparently, Hell's Angels wants the court to infer unfair competition from the mere fact that a Disney competitor has an exclusive license to the Hell's Angels marks. That's, let's see, what's the technical term I'm looking for, oh, I got it, lame. Anyway, Hell's Angels seeks a permanent injunction, costs, and whatever "other and further relief" the Court deems appropriate.
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